77-02 O - Animal Shelters (100 ft. to adjoining property) . f . .,
25067
:Art 113
�.- CITY OF PROSPER, TEXAS, ORDINANCE NO. 7/-- `7
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH OF THE
CITY OF PROSPER BY PROHIBITING THE LOCATION OF
ANIMAL SHELTERS WITHIN 100 FEET OF ADJOINING
PROPERTY; PROVIDING DEFINITIONS ; DECLARING THE
LOCATION OF ANIMAL SHELTERS WITHIN 100 FEET OF
ADJOINING PROPERTY TO BE A PUBLIC NUISANCE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR
A PENALTY; PROVIDING FOR A SAFETY CLAUSE ; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION
OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
WHEREAS , it is deemed by the City Council of the City of
Prosper, Texas, that it is dangerous to public health to
locate an animal shelter within 100 feet of adjoining property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PROSPER, TEXAS :
SECTION 1: DEFINITIONS : As used in this Ordinance:
a . The term "location" means any location, relocation,
construction or movement into a certain position.
b. The term "animal shelter" means any barn, shed or
other enclosure for the benefit of cattle , horses , hogs
or goats .
c . The term "adjoining property" means any property
adjacent and contiguous to such property wherein the
O lbv animal shelter, is located , including but not limited to
private property, public property, streets or alleys .
SECTION 2 : PROHIBITION : It shall be unlawful for any
person who shall own or occupy any lot or lots in the City of
Prosper, Texas, to permit or allow the location of an animal
shelter on such lots within a distance of 100 feet from any
adjoining property.
SECTION 3 : PUBLIC NUISANC The presence of any animal
shelter in violation of this Ordinance is hereby declared to
be a public nuisance . Notwithstanding any penal provision
Iry
101; ; .,: 1.14
afforded in this Ordinance , the City Attorney is authorized to
file suit on behalf of the City of Prosper for such injunctive
relief as may be necessary to prevent the violation of any
provision of this Ordinance.
SECTION 4 : PENALTY: A.ny person who violates any provision
of this Ordinance shall be guilty of a misdemeanor and upon
conviction therefor shall be fined any swn not exceeding $200. 00.
Each day that a violation continues shall be considered a separate
offense . Such penal provision shall not preclude a suit to
enjoin such violation.
C SECTION 5: SAVINGS CLAUSE : Should any part or portion of
this Ordinance be declared unconstitutional by a Court of competent
jurisdiction, it is expressly provided that the remaining
portion of this Ordinance shall remain in full force and effect.
SECTION 6: PUBLICATION : The caption of this Ordinance
shall be published one (1) time in a newspaper having general
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publication in the City of Prosper, Texas, and such Ordinance
shall be effective immediately upon its adoption and publication
and it is so ordered .
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, on this 7`f day of August , 1977.
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.., 7:`, ':44:,:kst..,, .i Roy kelton, Mayor
CORRECTLY
C CTLY RECORDED:
City Secretary / .
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STATE OF TEXAS
COUNTY OF COLLIN
I hereby certify that this instrument was
filed on the date and time stamped here..
on by m apd was duly recorded on the,efi
day of A.D. 19,2.2_in the
Volum and ge sh in the
records of as Collinown Countyhereon, Texas.
County Clerk, Collin County, Texas